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2025 DAILYLAW 28569 (JHR)

CHOTTU PASWAN ALIAS RAM NATH PASWAN v. THE STATE OF JHARKHAND

W.P.(Cr.)/967/2023 · 2025-02-13

Anil Kumar Choudhary

body2025

Judgment text

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1 W.P. (Cr.) No.967 of 2023 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (Cr.) No.967 of 2023 ------ 1. Chottu Paswan @ Ram Nath Paswan, Aged about 28 years, Son of Doman Paswan. 2. Nawin Kumar Paswan @ Lalu Paswan, Aged about 37 years, son of Late Birbal Paswan Both residents of Sakrogarh, Gas Godam, P.O.: Sahibganj, P.S.: Borio (J), District: Sahibganj … Petitioners Versus The State of Jharkhand … Respondent ------ For the Petitioners : Mr. Manjeet Kumar, Advocate For the State : Mr. Manoj Kumar, GA III For the Informant : Mr. Rakesh Kr. Gupta, Advocate ------ P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- Heard the parties. 2. This Writ Petition (Cr.) under Article 226 of the Constitution of India has been filed with a prayer for issuance of appropriate writ/order/direction for quashing the F.I.R. being Borio (J) P.S. Case No.237 of 2023 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 427 of the Indian Penal Code and Section 27 of the Arms Act on the ground that this is the second F.I.R. in respect of the self-same occurrence for which Borio (J) P.S. Case No.236 of 2023 has been registered. 3. Learned G.A.- III appearing for the respondent- State draws the attention of this Court towards the Annexure-3 of the Supplementary Affidavit dated 08.12.2023 and fairly submits that in fact, Borio (J) P.S. Case No.237 of 2023 has been registered for the self-same occurrence in respect of which Borio (J) P.S. 2 W.P. (Cr.) No.967 of 2023 Case No.236 of 2023 has been registered and the same happened because the concerned Police Officer was very busy and he had requested to the learned Chief Judicial Magistrate, Sahebganj to merge Borio (J) P.S. Case No.237 of 2023 with Borio (J) P.S. Case No.236 of 2023. 4. In view of the admitted fact that for the self-same occurrence, Borio (J) P.S. Case No.237 of 2023 has been registered in respect of which Borio (J) P.S. Case No.236 of 2023 was registered prior to this case, hence, this Court is of the considered view that as it is a settled principle of law that a second F.I.R for the self-same occurrence is hit by Section 162 of the Code of Criminal Procedure. Accordingly, the F.I.R. and the entire criminal proceedings in connection with Borio (J) P.S. Case No.237 of 2023, is quashed and set aside. 5. Accordingly, this Writ Petition (Cr.) stands allowed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 13th of February, 2025 AFR/ Animesh